USCIS announced on March 30, 2020 that it would reuse previously submitted biometrics in order to process I-765 Applications for EAD renewals due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement stated that it was consistent with existing USCIS authorities regarding the agency’s ability to reuse previously submitted biometrics.
While we appreciate this step, it is important to understand that it only refers to biometrics for I-765 applications. This is not applicable to H-4 and L-2 EAD renewals that are filed along with an H-4 and L-2 extension on Form I-539 and require a biometrics appointment.
USCIS created the biometrics requirement for all I-539 applicants last year and began charging an $85 fee. The EAD renewals for H-4 and L-2 EADs are dependent upon the approval of the I-539 application to extend the H-4 or L-2 status. For extension of H-4 or L-2 status, the biometrics requirement is still in place, even though Application Support Centers are closed.
Therefore, I recommend contacting your representative and asking them to urge USCIS to change its policy and either temporarily waive the I-539 biometrics requirement or reuse previously submitted biometrics for I-539 applicants. You can also contact the USCIS Office of Public Engagement for the same. Here is an message template you can use:
For Sending a Message to USCIS Office of Public Engagement:
email publicengagementfeedback@uscis.dhs.gov
For Sending a Message to Your Senator:
Go to http://www.senate.gov/general/contact_information/senators_cfm.cfm. You should be able to find your Senator’s website where they should have an option for you to submit a message to them online.
For Sending a Message to Your House Representative:
Go to https://www.house.gov/representatives/find-your-representative. You should be able to find your Representative’s website where they should have an option for you to submit a message to them online.
Please modify the below per your situation.
**********************************************************************
Topic: Immigration
Subject: Processing of I-539 Applications and Application Support Center Closures
My name is __________, and I am writing this message to ask you to urge U.S. Citizenship and Immigration Services to modify its current policy requiring biometrics for processing I-539 applications.
Currently, Application Support Centers (ASCs) are closed in response to the coronavirus (COVID-19) pandemic. This means that [my / my spouse’s] application to extend [H-4 / L-2] status cannot be completed at this time. While I understand that I may remain in the United States in a period of authorized stay while [my / my spouse’s] I-539 application is pending, the bigger impact of the lack of biometrics appointments is that it will delay the processing of [my / my spouse’s] accompanying application for renewal of employment authorization.
Unlike some other EAD applicants, a pending EAD application for an H-4 and L-2 holder does not allow for continued work authorization once the existing EAD expires. If [I / my spouse] cannot attend the biometric appointment, [my / my spouse’s] I-539 cannot be approved. If [my / my spouse’s] I-539 cannot be approved, [my / my spouse’s] EAD renewal also cannot be approved and [I / my spouse] will be forced to lose employment.
USCIS has already announced that it would reuse previously submitted biometrics in order to process I-765 Applications for EAD renewals due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement stated that it was consistent with existing USCIS authorities regarding the agency’s ability to reuse previously submitted biometrics. I am requesting that this policy be extended to I-539 applications as well.
I urge you to support the thousands of concerned individuals who are legally in this country and have complied with immigration laws to obtain the work authorization they are eligible for. Please ask USCIS to temporarily waive the biometrics requirement for I-539 applications OR reuse previously submitted biometrics for I-539 applicants.
Thank you for your assistance in these uncertain times.